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MOTION TO DISMISS FOR FAILURE TO STATE AN OFFENSE

The question of whether a specification states an offense is a question of law, which this Court reviews de novo. United States v. Crafter, 64 M.J. 209, 212 (C.A.A.F. 2006); United States v. Mayo, 12 M.J. 286 (C.M.A. 1982). Mr. Conway has successfully argued these issues before the Court of Appeals for the Armed Forces.

To adequately allege an offense, a specification must (1) notify the accused of the offense charged, (2) contain the elements of the offense either expressly or by fair implication, and (3) together with the record of trial, bar any subsequent prosecution in the event of acquittal or conviction. United States v. Bryant, 30 M.J. 72 (C.M.A. 1990). A specification that does not contain an allegation of fact essential to proof of the offense charged is not “restored to legal life by the government’s production at trial of evidence of the fact.” Mayo, 12 M.J. at 288. Merely completing the blanks in a form specification does not guarantee a legally unassailable charge. United States v. Fleig, 37 C.M.R. 64, 65 (C.M.A. 1966). A specification that is challenged before trial and to which an accused ultimately pleads not guilty has not been and shall not be viewed liberally. Bryant, 30 M.J. at 73.

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    Daniel Conway Partner

    For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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    Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...

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    A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...

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    Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...

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